Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations 57289 

(b) The adjustments displayed in 

paragraph (a) of this section apply to 

acts occurring after the date of 

publication in the Federal Register. 

PART 796—POST-EMPLOYMENT 

RESTRICTIONS FOR CERTAIN NCUA 

EXAMINERS 

■ 7. The authority citation for part 796 

continues to read as follows: 

Authority: 12 U.S.C. 1786(w). 

■ 8. In § 796.5, paragraph (a)(2) is 

revised to read as follows: 

§ 796.5 What are the penalties for violating 

these special post-employment 

restrictions? 

(a) * * * 

(2) Assessed a civil monetary penalty 

up to the amount specified in 

§ 747.1001 of this chapter. 

* * * * * 

[FR Doc. 2015–24157 Filed 9–22–15; 8:45 am] 

BILLING CODE 7535–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. FAA–2015–3881; Special 

Conditions No. 23–267–SC] 

Special Conditions: Cirrus Design 

Corporation, SF50; Full Authority 

Digital Engine Control (FADEC) 

System 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Cirrus Design Corporation 

SF50 airplane. This airplane will have 

a novel or unusual design feature(s) 

associated with the use of an electronic 

engine control system instead of a 

traditional mechanical control system. 

The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for this 

design feature. These special conditions 

contain the additional safety standards 

that the Administrator considers 

necessary to establish a level of safety 

equivalent to that established by the 

existing airworthiness standards. 

DATES: The effective date of these 

special conditions is September 23, 

2015. 

We must receive your comments by 

October 23, 2015. 

ADDRESSES: Send comments identified 

by docket number FAA–2015–3881 

using any of the following methods: 

• Federal eRegulations Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, 

DC, 20590–0001. 

• Hand Delivery of Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m., and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://regulations.gov, including any 

personal information the commenter 

provides. Using the search function of 

the docket Web site, anyone can find 

and read the electronic form of all 

comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m., and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Pretz, Federal Aviation Administration, 

Small Airplane Directorate, ACE–111, 

901 Locust, Room 301, Kansas City, MO 

64106; telephone (816) 329–3239; 

facsimile (816) 329–4090. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined, in accordance with 5 

U.S.C. 553(b)(3)(B) and 553(d)(3), that 

notice and opportunity for prior public 

comment hereon are unnecessary 

because the substance of these special 

conditions has been subject to the 

public comment process in several prior 

instances with no substantive comments 

received. The FAA therefore finds that 

good cause exists for making these 

special conditions effective upon 

issuance. 

Special condition number 

Company/airplane model 

23–237–SC Spectrum Aeronautical Model 

S–40. 

23–246–SC Cirrus Design Corporation 

Model SF50. 

23–253–SC Diamond Aircraft Industries 

Model DA–40NG. 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will consider all comments we 

receive on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

Background 

On September 9, 2008, Cirrus Design 

Corporation applied for a type 

certificate for their new Model SF50. On 

December 11, 2012, Cirrus Design 

Corporation requested to revise the 

SF50 part 23 certification basis to 

include amendment 23–62. The Cirrus 

Design Corporation SF50 is a low-wing, 

seven-seat, single-engine turbofanpowered airplane. It incorporates an 

Electronic Flight Information System 

(EFIS), pressurized cabin, retractable 

gear, and a V-tail. The turbofan engine 

is mounted on the upper fuselage/tail 

cone along the aircraft centerline. It is 

constructed largely of carbon and 

fiberglass composite materials. Like 

other Cirrus products, the SF50 includes 

an airframe ballistic parachute system. 

The model SF50 has a maximum 

operating altitude of 28,000 feet, where 

it cruises at speeds up to 300 knots true 

airspeed. Its maximum operating limit 

speed (VMO) will not exceed 0.62 Mach. 

The maximum takeoff weight will be at 

or below 6,000 pounds with a range at 

economy cruise of roughly 1,000 

nautical miles. Cirrus intends for the 

SF50 to be certified for single-pilot 

operations under 14 CFR parts 91 and 

135 operating rules. The following 

operating conditions will be included: 

• Day and Night VFR 

• IFR 

• Flight Into Known Icing 

The Cirrus Design Corporation SF50 

airplane is equipped with a Williams 

International FJ33–5A turbofan engine, 

which uses an Electronic Engine Control 

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57290 Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations 

System (EEC, also commonly referred to 

as a FADEC) instead of a traditional 

mechanical control system. Even though 

the engine control system will be 

certificated as part of the engine, the 

installation of an engine with an 

electronic control system requires 

evaluation due to critical environmental 

effects and possible effects on or by 

other airplane systems. For example, 

indirect effects of lightning, radio 

interference with other airplane 

electronic systems, shared engine and 

airplane data and power sources. 

The regulatory requirements in part 

23 for evaluating the installation of 

complex systems, including electronic 

systems and critical environmental 

effects, are contained in §§ 23.1306, 

Electrical and electronic system 

lightning protection; 23.1308, Highintensity Radiated Fields (HIRF) 

Protection; and 23.1309, Equipment, 

systems, and installations. However, 

when § 23.1309 was developed, the use 

of electronic control systems for engines 

was not envisioned. The integral nature 

of these systems makes it necessary to 

ensure the airplane functions included 

in the EEC are properly evaluated and 

that the installation does not degrade 

the EEC reliability, both of which are 

approved under part 33. Sections 

23.1306(a) and 23.1308(a) are applied to 

the EEC to ensure it remains equivalent 

to a mechanical system, which is not 

generally susceptible to the HIRF and 

lightning environments. 

In some cases, the airplane, which the 

engine is being installed in, will 

determine a higher classification than 

the engine controls are certificated for, 

requiring the EEC systems be analyzed 

at a higher classification. As of 

November 2005, EEC special conditions 

mandated the § 23.1309 classification 

for loss of EEC control as catastrophic 

for any airplane. This is not to imply an 

engine failure is classified as 

catastrophic, but that the EEC must 

provide an equivalent reliability to 

mechanical engine controls. In addition, 

§§ 23.1141, Powerplant controls: 

General, paragraph (e) and 25.901, 

Powerplant—General—Installation, 

paragraph (b)(2), are applied to provide 

the fault tolerant design requirements of 

turbine engine mechanical controls to 

the EEC and ensure adequate inspection 

and maintenance interval of the EEC. 

Type Certification Basis 

Under the provisions of 14 CFR 21.17, 

Cirrus Design Corporation must show 

that the SF50 meets the applicable 

provisions of part 23, as amended by 

amendments 23–1 through 23–62 

thereto. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 23) do not contain 

adequate or appropriate safety standards 

for the SF50 because of a novel or 

unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the SF50 must comply with 

the fuel vent and exhaust emission 

requirements of 14 CFR part 34 and the 

noise certification requirements of 14 

CFR part 36 and the FAA must issue a 

finding of regulatory adequacy under 

§ 611 of Public Law 92–574, the ‘‘Noise 

Control Act of 1972.’’. 

The FAA issues special conditions, as 

defined in § 11.19, under § 11.38 and 

they become part of the type 

certification basis under § 21.17(a)(2). 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same novel or unusual 

design feature, the special conditions 

would also apply to the other model. 

Novel or Unusual Design Features 

The SF50 will incorporate the 

following novel or unusual design 

features: 

Electronic engine control system 

Discussion 

As discussed in the summary section, 

the SF50 makes use of an electronic 

engine control system instead of a 

traditional mechanical control system, 

which is considered a novel design for 

this type of airplane. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. Mandating a 

structured assessment to determine 

potential installation issues mitigates 

the concerns that the addition of an 

electronic engine control may produce 

failure conditions not previously 

considered. 

Applicability 

As discussed above, these special 

conditions are applicable to the SF50. 

Should Cirrus Design Corporation apply 

at a later date for a change to the type 

certificate to include another model 

incorporating the same novel or unusual 

design feature, the special conditions 

would apply to that model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features on the model 

SF50 airplanes. It is not a rule of general 

applicability and affects only the 

applicant who applied to the FAA for 

approval of these features on the 

airplane. 

The substance of these special 

conditions has previously been 

subjected to the notice and comment 

period as identified above, and has been 

derived without substantive change 

from those previously issued. It is 

unlikely that prior public comment 

would result in a significant change 

from the substance contained herein. 

Therefore, notice and opportunity for 

prior public comment hereon are 

unnecessary and the FAA finds good 

cause, in accordance with 5 U.S.C. 

553(b)(3)(B) and 553(d)(3), making these 

special conditions effective upon 

issuance. The FAA is requesting 

comments to allow interested persons to 

submit views that may not have been 

submitted in response to the prior 

opportunities for comment described 

above. 

List of Subjects in 14 CFR Part 23 

Aircraft, Aviation safety, Signs and 

symbols. 

Citation 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113 and 

44701; 14 CFR 21.16 and 21.17; and 14 CFR 

11.38 and 11.19. 

The Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the following special 

conditions are issued as part of the type 

certification basis for Cirrus Design 

Corporation SF50 airplane. 

1. Full Authority Digital Engine Control 

(FADEC) System 

a. For electronic engine control 

system installations, it must be 

established that no single failure or 

malfunction or probable combinations 

of failures of Electronic Engine Control 

System (EEC) system components will 

have an effect on the system, as 

installed in the airplane, that causes the 

LOTC probability of the system to 

exceed those allowed in part 33 

certification. 

b. Electronic engine control system 

installations must be evaluated for 

environmental and atmospheric 

conditions, including lightning. The 

EEC system lightning and HIRF effects 

that could result in LOTC must be 

evaluated in accordance with 

§§ 23.1306(a) and 23.1308(a). 

c. The components of the installation 

must be constructed, arranged, and 

installed to ensure their continued safe 

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Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations 57291 

operation between normal inspections 

or overhauls. 

d. Functions incorporated into any 

electronic engine control that make it 

part of any equipment, systems, or 

installation whose functions are beyond 

that of basic engine control, and which 

may also introduce system failures and 

malfunctions, are not exempt from 

§ 23.1309 and must be shown to meet 

part 23 levels of safety as derived from 

§ 23.1309. Part 33 certification data, if 

applicable, may be used to show 

compliance with any part 23 

requirements. If part 33 data is used to 

substantiate compliance with part 23 

requirements, then the applicant must 

be able to provide this data for showing 

or compliance. 

Issued in Kansas City, Missouri on 

September 14, 2015. 

Mel Johnson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2015–24156 Filed 9–22–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No.FAA–2015–0721; Notice No. 23– 

269–SC] 

Special Conditions: Honda Aircraft 

Company, Model HA–420 HondaJet, 

Lithium-ion Batteries 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Honda Aircraft Company, 

Model HA–420 airplane. This airplane 

will have a novel or unusual design 

feature associated with the installation 

of lithium-ion (Li-ion) batteries. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for this design feature. 

These special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

DATES: These special conditions are 

effective September 23, 2015. 

FOR FURTHER INFORMATION CONTACT: Les 

Lyne, Policies & Procedures Branch, 

ACE–114, Federal Aviation 

Administration, Small Airplane 

Directorate, Aircraft Certification 

Service, 901 Locust; Kansas City, 

Missouri 64106; telephone (816) 329– 

4171; facsimile (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 11, 2006, Honda Aircraft 

Company applied for a type certificate 

for their new Model HA–420. On 

October 10, 2013, Honda Aircraft 

Company requested an extension with 

an effective application date of October 

1, 2013. This extension changed the 

type certification basis to amendment 

23–62. 

The HA–420 is a four to five 

passenger (depending on configuration), 

two crew, lightweight business jet with 

a 43,000-foot service ceiling and a 

maximum takeoff weight of 9963 

pounds. The airplane is powered by two 

GE-Honda Aero Engines (GHAE) HF– 

120 turbofan engines. 

The current regulatory requirements 

for part 23 airplanes do not contain 

adequate requirements for the 

application of Li-ion batteries in 

airborne applications. This type of 

battery possesses certain failure, 

operational characteristics, and 

maintenance requirements that differ 

significantly from that of the nickel 

cadmium and lead acid rechargeable 

batteries currently approved in other 

normal, utility, acrobatic, and commuter 

category airplanes. Therefore, the FAA 

is proposing this special condition to 

require that (1) all characteristics of the 

rechargeable lithium batteries and their 

installation that could affect safe 

operation of the HA–420 are addressed, 

and (2) appropriate Instructions for 

Continued Airworthiness which include 

maintenance requirements are 

established to ensure the availability of 

electrical power from the batteries when 

needed. 

Type Certification Basis 

Under the provisions of 14 CFR 21.17, 

Honda Aircraft Company must show 

that the HA–420 meets the applicable 

provisions of part 23, as amended by 

Amendments 23–1 through 23–62 

thereto. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 23) do not contain 

adequate or appropriate safety standards 

for the HA–420 because of a novel or 

unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the HA–420 must comply 

with the fuel vent and exhaust emission 

requirements of 14 CFR part 34 and the 

noise certification requirements of 14 

CFR part 36, and the FAA must issue a 

finding of regulatory adequacy under 

section 611 of Public Law 92–574, the 

‘‘Noise Control Act of 1972.’’ 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type-certification basis under 

§ 21.17(a)(2). 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same or similar novel 

or unusual design feature, the special 

conditions would also apply to the other 

model under § 21.101. 

Novel or Unusual Design Features 

The HA–420 will incorporate the 

following novel or unusual design 

feature: The installation of Li-ion 

batteries. 

The current regulatory requirements 

for part 23 airplanes do not contain 

adequate requirements for the 

application of Li-ion batteries in 

airborne applications. This type of 

battery possesses certain failure, 

operational characteristics, and 

maintenance requirements that differ 

significantly from that of the nickel 

cadmium and lead acid rechargeable 

batteries currently approved in other 

normal, utility, acrobatic, and commuter 

category airplanes. 

Discussion 

The applicable parts 21 and 23 

airworthiness regulations governing the 

installation of batteries in general 

aviation airplanes, including § 23.1353, 

were derived from Civil Air Regulations 

(CAR 3) as part of the recodification that 

established 14 CFR part 23. The battery 

requirements, which are identified in 

§ 23.1353, were a rewording of the CAR 

requirements that did not add any 

substantive technical requirements. An 

increase in incidents involving battery 

fires and failures that accompanied the 

increased use of Nickel-Cadmium (NiCad) batteries in aircraft resulted in 

rulemaking activities on the battery 

requirements for transport category 

airplanes. These regulations were 

incorporated into § 23.1353(f) and (g), 

which apply only to Ni-Cad battery 

installations. 

The use of Li-ion batteries on the HA– 

420 airplane has prompted the FAA to 

review the adequacy of the existing 

battery regulations with respect to that 

chemistry. As the result of this review, 

the FAA has determined that the 

existing regulations do not adequately 

address several failure, operational, and 

maintenance characteristics of Li-ion 

batteries that could affect safety of the 

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